Dan Lupascu, Cristiana Mihaela Craciunescu
LESIJ NO. XVIII, VOL. 1/2011
It usually consists of a biological relationship resulted from conception and birth. In some
cases (assisted procreation, donor assisted procreation, unjustified application of the paternity
presumption and wrongful maternal or paternal acknowledgement), filiation does not entail a
2. Filiation reference
The new civil code regulates filiation in chapter II, Second Book, Title III ( art. 408 – 450),
structured in 3 sections, namely: Section 1- establishment of filiation: Section 2 –Donor assisted
procreation; Section 3 – Legal status of children .
III. Establishment of filiation
1. Means for establishing filiation
1.1. General aspects
Acknowledgement of filiation consists of the procedures that attest the legal fact or act
proving the descendent relationship between a child and his parents.
Establishment of filiation is rather different considered the mother’s or the father’s side in
The new legal norms maintain the existing legal provisions regarding the acknowledgement
Thus, maternal filiation is the result of giving birth to the child, which applies both to
marriage filiation and to out of wedlock filiation. This means that maternal filiation implies of
proof of the following elements: a) the mother gave birth to the child; b) identity between the born
child and that whose filiation is in question; c) proof of marriage (only in the case of marriage
In cases strictly provided for, maternal filiation is established by acknowledgement and
As regards parental filiation, it can be results out of application of the presumptions of
paternity. In these cases indivisibility arises in the sense that if maternity filiation is established,
the paternal filiation is not questionable.5
Paternal filiation for the child born out of wedlock is established through acknowledgement
and court decision6.
In order to produce legal effects, filiation must be proven, as prescribed by law. As a rule,
civil status is proven with acts produced by the civil service officers and the civil office certificates
handed to the parties. Thus, proof of filiation is made through the act of birth7 of the respective
4 Please see Family Code ( Law no. 4/1953) republished in the Official Bulletin no. 13/ 18.04.1956, as
subsequently amended and modified.
5 The attestation of paternity for the child born inside marriage through the paternity presumption is embraced by
all legal systems, as an application of the principle „pater est quem nuptiae demonstrant” (Ingeborg Schwenzer
(editor) – Tensions Between Legal, Biological and Social Conceptions of Parentage, Ed. Intersentia, Antwerpen-
Oxford, 2007, page 5).
6 According to article. 3 of the European Convention of the legal status of children born out of wedlock, Strasbourg,
15th of October 1975, ratified by Romanian through the Law no. 101/1992, published in the Official Monitor, no.
243 /10.09.1992: „ Paternal filiation of all children born out of wedlock may be acknowledged or attested through
voluntary acknowledgment or court decision.
7 In the sense that the birth act represents, by excellence the ultimate proof of birth please see: C. Hamangiu, I.
Rosetti – Blnescu, Al. Bicoianu –Romanian Civil law Treatise, Editura „Academiei”, Colecia „Restitutio”,
Bucureşti, 1997, Vol. I, page. 285.